Jury rules for Farmers Insurance

May 20--A Cleveland County jury on Friday returned a verdict in favor of Farmers Insurance Company after five hours of deliberation.

Moore couple Gabriel and Claudia Becerra filed the lawsuit against the insurance company after their home was damaged in the May 20, 2013 tornado. In the petition, the Becerra's claimed Farmers breached their contract and did not pay the full, fair amount for the damage.

After mulling over a substantial amount of evidence, including 18 witness testimonies, during the trial that stretched on for 17 days, the vote came out 9-3.

"We are very pleased that the good folks on the jury have considered all the evidence that was presented in the trial and came out with a verdict that the evidence warranted," defense attorney Michael Duncan said.

"There were some peculiar facts in this case," Duncan said. "It wasn't just a claim from this horrible tornado that many people experienced, there were some peculiar facts. So we're very pleased."

Defense attorney Chris Martin said they also wanted to recognize the jury and the judge.

"It was a long trial. The jury and the judge sacrificed three weeks and we're very, very thankful for that," he said.

In closing arguments Friday, Martin said the couple made no attempts to repair their home after Farmers had given them money to do so. While the couple claimed not enough money was given to make the repairs, Martin said they would have given them more, if needed, once the repairs had been started.

Testimony from an insurance employee indicated the claim process is often a living, changing thing. As contractors begin work, sometimes they will find more work needs to be done than what was originally estimated.

"This policy and this case is an indemnity contract," Martin said. "When a contractor starts treating a house, Farmers pays. That's when they pay."

The Becerra's attorneys said the company low-balled their client, giving them a sum less than $54,500 which would not even address the repairs to the home which included replacing trusses, decking, sheeting, shingles and more.

The plaintiff's attorneys also claimed the insurance company was taking a "Humpty Dumpty" approach to try to put together a home that had been ravaged by the tornado to the point it was deemed unsafe to live in.

Martin said Friday the company paid the couple nearly $100,000 when everything was said and done.

"A picture is worth a thousand words," Martin said, showing the jury a photo submitted as evidence during the trial.

The photo was one of the back of the couple's home where a "flimsy" wooden structure with a tin roof, similar to a patio, stood relatively unharmed, he said.

"The winds were allegedly strong enough to destroy the house, but doesn't affect the structure on the back of this house?" Martin said. "Not even all the tin is missing, much less the plywood sides."

According to other photos submitted as evidence, a photo taken in July showed there was no crack in the home's foundation. Another photo taken in September shows a huge crack. The crack was a result of the home settling, not a result of tornado damage, he said.

Martin also said the while surrounding residents applied for permits to make various electric, plumbing or other repairs, the couple never applied for a building permit for their own repairs.

After the City of Moore inspected the home in September, it gave the homeowners a notice of condemnation and held a hearing regarding demolition.

Martin said the insurance company was never made aware of the home being condemned, weren't made aware of the hearing and didn't even know the house was going to be demolished until a Farmers employee drove by and saw the signage in the yard.

Jeff Marr, the Becerra's attorney, was the only person at the condemnation hearing, Martin said, telling the jury the couple was victimized by their own attorney. Martin alleged Marr orchestrated the demolition of the couple's home "to try to make millions."

The Becerra's hired Marr in July instead of hiring a contractor to begin repairs, Martin said, adding from day one, Marr was uncooperative. Farmers was never told about the condemnation order, the hearing, the demolition date or any appeal conditions, he said.

"We were paying more money trying to do the right thing while their lawyer isn't saying anything," Martin said.

The attorney said Farmers always does whatever they have to do to take care of the customer. The company immediately gave the couple $1,000 after the tornado to put them up in a hotel and buy necessities. They cut the couple a check to get repairs started and waived a second deductible after another storm hit the area.

"We even continued to pay their living expenses through the trial because it was the right thing to do," Martin said.

Martin said the couple was playing the "litigation lottery" or "jackpot justice" because of the unfortunate circumstances.

"Farmers is here. We don't want you to misunderstand, because we care," he said. "Farmers is here trusting your judgement, saying please don't let this happen again."

Marr followed Martin's closing statement, telling the jury, "that sounded an awful lot like a propaganda video." Marr said this case wasn't about "jackpot justice", it was about responsibility and accountability.

After the verdict was returned, Marr said they plan to file the appropriate motions with the court.

___

(c)2015 The Moore American (Norman, Okla.)

Visit The Moore American (Norman, Okla.) at mooreamerican.com

Distributed by Tribune Content Agency, LLC.